Michigan Libertarian Party and Gary Johnson of Texas File New Presidential Ballot Access Lawsuit

On September 11, the Michigan Libertarian Party filed a new lawsuit involving presidential ballot access. The new lawsuit is Gelineau v Ruth Johnson, and is filed in U.S. District Court in the western district of Michigan. The new lawsuit includes the Michigan Libertarian Party, and some of its presidential elector candidates, and also Gary E. Johnson of Austin, Texas. Here is the 14-page brief, plus the accompanying exhibits, including a declaration by Gary E. Johnson of Texas.

The new lawsuit challenges the refusal of Ruth Johnson to respect the wishes of the state party, that if she won’t print Gary Johnson of New Mexico on the ballot, that she instead print Gary E. Johnson of Texas on the ballot. She had refused to do that in a letter dated September 7.

In the meantime, the first lawsuit, to get Gary Johnson of New Mexico on the ballot, in pending in the Sixth Circuit.

Gravis Marketing/Capitol Correspondent Poll Shows Gary Johnson Polling 4.5% in Ohio

On September 11, Gravis Marketing/Capitol Correspondent released an Ohio poll showing Gary Johnson at 4.5%. See here for more data from the poll, which also shows President Obama leading in Ohio. It is unusual for pollsters in Ohio to ever include minor party or independent candidates in their questions. Thanks to Political Wire for the link.

Ballotpedia Releases Study of State Voter Guides for Ballot Measures

Ballotpedia has released this four-page analysis of State Official Voter Guides that carry information and, usually, arguments pro and con about state ballot measures. Although not every state has the statewide initiative, any state can have statewide ballot measures, because legislatures can put such measures on the ballot. Ballotpedia studied each state’s Voter Guide and finds that some are much better than others.

U.S. District Court Opinion Strongly Suggests that Illinois “Full-Slate Requirement” is Unconstitutional

On September 5, U.S. District Court Judge Joan Gottschall, a Clinton appointee, issued a 17-page opinion in Libertarian Party of Illinois v Illinois State Board of Elections, northern district, 12-C-2511. The opinion denies the state’s motion to dismiss the case, and strongly suggests that the party will win the lawsuit against the Illinois “full-slate” requirement. However, the opinion suggests that the June petition deadline is constitutional.

Illinois requires an unqualified party to submit a full slate of candidates for any jurisdiction in which it is petitioning. Thus, if it is circulating a statewide petition in a mid-term year, it can’t just run for Governor and Lieutenant Governor. If it runs for those offices, it must also run for Secretary of State, Treasurer, Attorney General, and Comptroller. If it runs a presidential candidate in a year in which U.S. Senate is being voted on, then it must also run a U.S. Senate candidate.

The rule is even more oppressive when county partisan offices are being contested. In this particular lawsuit, the Libertarian Party wanted to run Julie Fox for Auditor of Kane County. But the party was prohibited by the full-slate law from petitioning for her, unless the party also nominated for all the other Kane County county-wide partisan offices.

Alabama Says All Three Independent Presidential Petitions are Valid

The Alabama Secretary of State has certified that the three independent presidential petitions all have enough valid signatures. Therefore, Virgil Goode, Gary Johnson, and Jill Stein are on the Alabama ballot. All three will have “independent” as their only ballot label. Alabama is the only state this year in which no minor party labels will appear on the November ballot for President, except that this may or may not become true for Oklahoma as well. Thanks to Paullie for this news.